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HomeMy WebLinkAbout22- Waiver of Right to Protest Creation of SID - Skylark CondosReturn to: Bozeman City Clerk P.O.Box 1231 Bozeman,MT 59771-1231 2785265 Of"sMa -c2ÙÎÎͲ°Eu E³"""©®°° illllllllllllilllDilllllillllllll|||||11111|||||11111||||||||111||||||||1111||||111 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS SKYLARK CONDOMINIUM SITE PLAN APPLICATION (C.O.B.No.21391) I,the undersigned Owner of the realproperty situatedin the County of Gallatin,Stateof Montana,and more particularlydescribedas follows: Lot 3,Block 5,FLANDERS CREEK SUBDIVISION,City of Bozeman,according to the plat thereof,on fileand of record in the officeof the Clerk and Recorder, Gallatin County,Montana,and located in the Southeast 1/4 of Section 4,Township 2 South,Range 5 East of P.M.M.,Gallatin County,Montana IN CONSIDERATION of receivingsiteplan approval of the subjectproperty from the City of Bozeman along with accompanying rights and privilegesand for other valuable consideration,the receiptof which ishereby acknowledged,and in recognitionof the impacts to City transportationand infrastructuresystems thatwillbe generated by the development of the above-describedproperty,do hereby forourselves,our heirs,personalrepresentatives,successors and assigns,waive the rightto protestthe creationof one or more SpecialImprovement Districts (SID's)for design and engineering,construction and maintenance of the following improvements: a.Streetimprovements to Cottonwood Road between Duston Road and West Oak Street includinglighting,signalization,paving,curb/gutter,sidewalk,and storm drainage, b.Streetimprovements to North Oak Streetbetween North Laurel Parkway and Cottonwood Road includinglighting,signalization,paving,curb/gutter,sidewalk,and storm drainage. c.Intersectionimprovements atNorth Oak Streetand Cottonwood Road includinglighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. d.Intersectionimprovements atNorth Oak Streetand North Laurel Parkway includinglighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. e.Intersectionimprovements atCottonwood Road and Durston Road includinglighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. Landowner agreesthe City has the solerighttocontrolthe design and constructionof such improvements and may include any of the above components and othersnecessary to ensure such improvements comply with alladopted City infrastructureplans and requirements.Further, the Landowner waives itsrightor tomake any writtenprotestagainstthe sizeor area or creation of the districtbe assessed in response to a duly passed resolutionof intentionto createone or more specialimprovement districtswhich would includethe above-describedproperty. In the event an SID is not utilizedfor the completion of these improvements,the developer agrees to participatein an alternatefinancing method for the completion of said improvements on a fairshare,proportionatebasis as determined by square footage of property, taxable valuationof the property,trafficcontributionfrom the development or a combination thereof. This waiver ismade forthe benefitof the property describedherein shallbe a covenant running with the land. The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the successors-in-interestand assignsoftheLandowner. DATED this day of ,202 . PROPERTY OWNER:EDWARD BALIAN By:Edwa Balian STATE OF 6d ) COUNTY OF 7 ) This instrumentwas signed or acknowledged beforeme on this ay of h Ú-f , 2022 by Edward Balian.) (SEAL) Notary PublicTór thhtate of SHEILA LARSEN PrintedName:'°À NotaryPublic OTAR/4.fortheStateofMontana Residing at /5 *__.sesidingat: My Commission Expires SEAL *5 Bozernan,Montana My CommissionExpires: coF August3,2023 G:\C&H\21\210736\Easements\210736-WaiverofSIDS.Doc